AGENDA - Committee of Adjustment - 20180510Public Release
May 4, 2018
Town of Aurora
Committee of Adjustment
Meeting Agenda
Thursday, May 10, 2018
7 p.m., Council Chambers, Town Hall
1. Approval of the Agenda
Recommended:
That the Agenda as circulated by the Secretary-Treasurer be approved.
2. Declaration of Pecuniary Interest and General Nature Thereof
3. Adoption of the Minutes
Committee of Adjustment Minutes of March 8, 2018
Meeting Number 18-03
Recommended:
That the Committee of Adjustment Minutes from Meeting Number 18-03 be
adopted as printed and circulated.
Committee of Adjustment Minutes of April 12, 2018
Meeting Number 18-04
Recommended:
That the Committee of Adjustment Minutes from Meeting Number 18 -04 be
adopted as printed and circulated.
Committee of Adjustment Meeting No. 18-05
Thursday, May 10, 2018 Page 2 of 2
4. Presentations of Application
1. Minor Variance Application: MV-2018-06 A-D – O’Brien
44 Mosley Street
*Deferred application
2. Minor Variance Application: MV-2018-07 A-B – McMillan
6 Highland Court
*Deferred application
3. Minor Variance Application: MV-2018-10 A-B – 1087931 Ontario Ltd.
160 Wellington Street East
4. Minor Variance Application: MV-2018-11 – Vello Holdings Ltd.
330 McClellan Way
5. Minor Variance Application: MV-2018-12 A-C – Turner
70 Catherine Avenue
6. New Business/General Information
7. Adjournment
yowm uc Cgoa co4rp4ey
100 John west Way
Box 1000
Aurora, Ontario
L4G 6J1
Phone: 905-727-3123 ext. 4350
Email: mrokos@aurora.ca
wwrw.aurora.ca
Town of Aurora
Planning and Development
COMMITTEE OF ADJUSTMENT STAFF REPORT
DATE: May 4, 2018
Services
FROM: Marty Rokos, Planner/Acting Secretary -Treasurer, Committee of Adjustment
RE: Minor Variance Application
O'Brien
44 Mosley Street
Plan 68 Part Lot 7
File NO: MV-2018-06 A-D
The Applicant is seeking relief from the provisions of Zoning By-law No. 6000-17, as
amended, to allow construction of a new two -storey detached dwelling with an attached
3 car garage facing the western property line. The applicant proposes to demolish the
existing dwelling. The property is zoned "Special Mixed Density Residential (R7)."
PURPOSE OF APPLICATION MV-2018-06A
Section 7.2 of the Zoning By-law requires a minimum interior side yard setback of 1.5
metres. The Applicant is proposing to construct a two -storey detached dwelling which is
0.6 metres to the interior side property line; thus requiring a Variance of 0.9 metres.
PURPOSE OF APPLICATION MV-2018-06B
Section 4.20 of the Zoning By-law allows eaves to project 0.7 metres into any required
yard. The Applicant is proposing to construct a two -storey detached dwelling with eaves
projecting 1.5 metres into the interior side yard; thus requiring a Variance of 0.8 metres.
PURPOSE OF APPLICATION MV-2018-06C
Section 5.6.1(a)(ii) of the Zoning By-law allows a maximum driveway width of 6.0 metres
if the lot frontage is greater than or equal to 9.0 metres and less than 19.0 metres. The
applicant is proposing a driveway width of 9.6 metres; thus requiring a Variance of 3.6
metres.
PURPOSE OF APPLICATION MV-2018-06D
Section 5.3 of the Zoning By-law requires a minimum manoeuvering space of 7.0 metres
for 90 degree parking spaces. The applicant is proposing a 90 degree maneuvering space
of 6.0 metres; thus requiring a Variance of 1.0 metre.
E DEPARTMENTS AND AGENCIES COMMENTS RECEIVED
CIRCULATED E
Planning Division: No objections
May 4, 2018
-2- MV-2018-06A-D — O'Brien
Building Division:
No comments received
E Engineering Division:
No objections
Heritage Planning:
No objections
Operational Services:
No objections subject to
conditions
Central York Fire Services:
No comments received
Alectra Utilities:
No objections
York Region:
No objections
BASIC DATA PERTAINING TO THE MATTER
There appear to be no objections to the Application; however there are conditions
suggested in relation to approval of this Application.
LEGISLATIVE FRAMEWORK FOR MINOR VARIANCE
In considering this Application, the Committee must have regard for the following criteria
and determine whether:
■ The general intent and purpose of the Town's Official Plan will be maintained;
• The general intent and purpose of the Town's Zoning By-law will be maintained;
■ The Variance is desirable for the appropriate development or use of the land, building
or structure; and,
■ The proposed Variance is minor in nature.
RECOMMENDATIONS
THAT the Committee determine its position with respect to the merits of the
APPLICATION in the context of the legislative framework and the comments contained
herein.
1. SUBMISSION to the Secretary -Treasurer of written confirmation from the Director
of Operational Services, or their designate, that the Applicant has satisfied all
concerns below and as noted in the February 27, 2018 memo by Sara Tienkamp,
Manager of Parks:
• That the owner is required to provide an Evaluation Report prepared by a
Certified Arborist or Professional Registered Forester outlining all aspects
of the impacts that this proposal will have on existing and remaining
vegetation, The report shall include a site plan showing the location of all
trees and vegetation that will be impacted and or preserved both on or
adjacent to the site. The report shall also include recommendations and an
action plan on the mitigation of negative effects to preserved vegetation,
May 4, 2018 -3- MV-2018-06A-D -- O'Brien
during and post construction periods as well as measures aimed at tree
health care and protection for trees effected by the project and any
remaining trees in the vicinity of the project that require applicable
maintenance.
Should it be determined by the Arborist /Forester that trees and vegetation
warrants preservation and protection then the report shall include a
schedule of monitoring the ongoing site work through a series of scheduled
site visits by the Arborist / Forester during and post construction to ensure
the vegetation preservation measures remain in compliance throughout the
project, each site Visit to be documented and any resulting action items
required by the Arborist /Forester shall be implemented and confirmed on
site forthwith by the Arborist /Forester following each visit. The owner shall
agree to provide copies of the Arborist / Foresters site visit reports to the
Town following each visit
The owner shall agree to provide financial securities based on the total
value of the Tree Compensation evaluation and all Arboriculture works as
defined by the Town and the Owners Arborist/ Forester. To the satisfaction
of the Director of Parks and Recreation.
The owner will be required to provide vegetation compensation and a
replanting plan in accordance with the Town of Aurora TREE
REMOVAL/PRUNING AND COMPENSATION POLICY to the satisfaction
of the Direction of Parks and Recreation as compensation for trees removed
to facilitate construction. Compensation planting shall be completed prior to
release of the financial securities.
The owner shall agree to comply with the Aurora Tree Permit By-law t# 5850-
16-prior to the removal of any trees on the property.
2. THAT the above noted conditions be satisfied within one year from the
Notice of Decision, or the Variance may lapse requiring reapplication.
Prepared by: Marty Rokos, Acting Secretary -Treasurer, COA Ext. 4350
Marty Rokos, MCIP, RPP
Planner
Acting Secretary -Treasurer, Committee of Adjustment
Ad..J R®l
.yoadre, iis. (gout, cowp4nS�i
100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Phone: 905-727-3123 Ext. 4343
Email: Ikuk@ aurora.ca
wrww.aurora.ca
I' ►19:40kEll 0ITII*tjir� :: ► ►
DATE: May 3, 2018
TO: Marty Rokos, Acting Secretary Treasurer
Town of Aurora
Planning and Development
Services
FROM: Lawrence Kuk, Senior Planner, Planning and Development Services
RE: Application for Minor Variance
Brendan O'Brien
44 Mosley Street
Plan 68 Part Lot 7
File Number. MV'-2018'-06A-D
The applicant is requesting relief from the requirements of the Town of Aurora Zoning
By-law 6000-17. The applicant proposes to demolish the existing dwelling and construct
a new two storey detached dwelling with an attached 3 car garage facing the westerly
property line. The original application was deferred at the April 12, 2018 Committee of
Adjustment meeting. The purpose of the deferral was to allow the applicant to consider a
larger side yard setback. The applicant has submitted a revised plan and Preliminary
Zoning Review. The applicant has applied for the following variances:
Application MV-2018-06A: To permit a reduced minimum easterly interior side yard
setback for the proposed two storey dwelling with an attached garage to 0.6 m, whereas
the Zoning By-law requires a setback of 1.5 m, thereby requiring a variance of 0.9 m.
Application MV-2018-06B: To permit the proposed two -storey detached dwelling to
have an eaves projection of 1.5 m into the required easterly interior side yard, whereas
the Zoning By-law allows a maximum eaves projection of 0.7 m, thereby requiring a
variance of 0.8 m.
Application MV-2018-06C: To permit an increased driveway width of 9.6 m, whereas
the Zoning By-law requires a maximum driveway width of 6.0 m for frontages between
9.0 m to 18.0 m, thereby requiring a variance of 3.6 m.
Application MV-2018-06D: To permit a reduced minimum manoeuvring space to 6.0 m
for 90 degree spaces, whereas the Zoning by-law requires a minimum manoeuvring
space of 7.0 m, thereby requiring a variance of 1.0 m.
Planning staff have evaluated the minor variance application pursuant to the prescribed
tests set out in Section 45.1 of the Planning Act.
May 3, 2018 -2- MV-2018-06A-D
1) General Intent of the Official Plan
The subject property is designated as "Stable Neighbourhoods" by the Town of Aurora
Official Plan. The intent of the "Stable Neighbourhoods" designation is to ensure that
existing areas are protected from incompatible forms of development and, at the same
time, are permitted to evolve and be enhanced over time. The variances sought will
maintain the character of this portion of Mosley Street and will be compatible with
development on adjacent properties.
Planning Staff are of the opinion that the proposed variances maintain the general intent
and purpose of the Official Plan.
2) General Intent of the Zoning By-law
The subject lands are zoned "Special Mixed Density Residential R6 Zone" within the
Town of Aurora Zoning By-law 6000-17. The current zoning permits detached dwellings,
semi-detached or duplex dwellings, second suite dwellings, home occupations, double
duplex or triplex dwellings, and converted dwellings.
The intent of the minimum side yard setback and maximum eave projection is to ensure
that adequate spatial separation to the property line is maintained, minimize potential
impacts on adjacent properties, ensure an adequate amount of outdoor amenity area,
provide a means of accessing the rear yard, and that the development is compatible
with the surrounding area. The surrounding neighbourhood has a variety of lot sizes
with varying building setbacks. Interior side yards that do not meet the minimum
setbacks are common, including the lots that abut the subject property to the east (0.17
m setback) and west (0.62 m setback). The proposed variances for the side yard and
eave encroachment are limited to the attached garage, while the primary section of the
building complies with the zoning requirements. It is the opinion of Planning staff that
there is adequate spatial separation to the property line and that there are no impacts
on adjacent properties.
The intent of the maximum driveway width and minimum manoeuvring space is to
ensure that there is satisfactory space for anticipated vehicular access and movements,
adequate space for landscaping and the placement of utilities, no adverse impact on
sidewalks or roadways, adequate space for on -street parking, and that the development
is compatible with the surrounding area. The proposed dwelling was designed to
maintain the heritage character of the neighbourhood, with a front porch and parking at
the rear of the house. The depth of the lot allows for a three car garage and driveway at
the rear of the property, as well as landscaped lawn behind the garage with
approximately 15 metres in depth. It is Planning staff's opinion that there is adequate
landscaped area, no adverse impacts on Mosley Street, and that the development is
compatible with the area. It is noted that the Town's engineering staff have reviewed the
application and have no objections to the variance to reduce vehicle manoeuvring
space.
Planning staff are of the opinion that the proposed variances maintain the general intent
and purpose of the Zoning By-law.
May 3, 2018 -3- MV-2018-06A-D
3) Are the variances desirable for the appropriate development or use of the
land
The subject lands are part of the oldest neighbourhood in Aurora, which has a variety of
building sizes, ages, yard sizes, and uses. The subject neighbourhood has historic,
pedestrian oriented streetscapes that will not be impacted by the proposed variances.
The driveway widening will be at the rear of the lot; the portion of the driveway that is
visible from the street will comply with the zoning requirements.
Given the above, the proposed variances are considered desirable, compatible, and
appropriate development and use of the land.
4) Are the variances minor in nature
There is minimal impact as a result of the proposed variances. Planning Staff are of the
opinion that the requested variances will not have a negative impact on surrounding
properties and are of the opinion that the variances are minor in nature.
Planning Staff are of the opinion that the Minor Variance Application meets the four (4)
prescribed tests set out in Section 45.1 of the Planning Act and therefore staff have no
objection to the approval of Minor Variance Application File: MV-2018-06A-D (O'Brien).
YOI4 FE if , Cfo4t� C44 f rp i -fy
1►TI l�iTi7
DATE: April 26, 2018 ...�.. -
Town of Aurora
Infrastructure & Environmental
Services
File: MV-2018- (06 A-D)
D13-DEV- 006 (2018)
TO: Marty Rokos, Acting Secretary -Treasurer Committee of Adjustment
FROM: Patrick Ngo, Planning and Development Services
RE: Application for Minor Variance
Brendan O'Brien & Lori Mackenzie
44 Mosley Street
Plan 68 Pt Lot 7
Engineering and Capital Delivery Division has no objection to these miner variance
applications.
a
Patrick Ngo
Municipal Engineer
Ext. 4375
KAPlanning & Development Services%PDBIPngPinDevADesignDevRevieMVarances\20181MV-2018-06A-D Brendan & Lori Mackenzie 44 Mosley Street-pn.docx
,j OWre, uc. tjancd COPR?4x�V
100 John West Way
Box 1000
Aurora, Ontario
L.4G 6J1
Phone: 905-727-3123 Ext. 4349
Email: jhealey@aurora.ca
www.aurora.ca
INTERNAL MEMORANDUM
Town of Aurora
Planning and Development Services
DATE: March 8, 2017
TO: Justin Leung, Secretary-Treasurer/Planning Technician, Committee of
Adjustment
FROM. Jeff Healey, Planning and Development Services
RE: Application for Minor Variance
O'Brien -Mackenzie
44 Mosley Street
Plan 68, Pt Lot 7
File No. MV-2018-06(A-D)
In regards to the Application for Minor Variance for the property located at 44 Mosley
Street, I have the following built heritage comments.
The subject property is included in the Heritage Resources Area as per Schedule 'D' of the
Official Plan. Section 13.2 s) notes this area as having primary significance to the Towns
heritage. Mosley Street has a significant number of properties identified as having cultural
heritage value or interest and as such, these properties are included in the Register of
Properties of Cultural Heritage Value or Interest.
The subject property is a non -listed and non -designated property, however as the
building lies on Mosley Street, consideration of the surrounding heritage context is
important in the design of the structure. According to Town databases, the property
located at 44 Mosley Street was constructed in 1945.
Heritage Staff received preliminary drawings from the owner in January 2018 for preliminary
heritage review. The proposed building is a 2 storey wood structure, finished with board and
batten siding. The proposed attached garage is located in the rear yard, this is supported by
staff as the garage is hidden from the street. Variances C and D are required in order to
allow for a driveway in the rear yard, to allow for sufficient maneuvering from the proposed
garage.
Overall, the proposed design is sympathetic with the heritage character of the
neighbourhood. Therefore, Heritage Staff have no concerns with the subject variance
application.
-Ym"� tJt 600d LOF3LpuL v
100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Phone: 905-727-3123 ext. 3223
Email: stienkarnp@aurora.ca
www.aurora.ca
DATE: February 27, 2018
Town of Aurora
Parks, Recreation and Cultural
TO: Justin Leung, Acting Committee of Adjustment Secretary
FROM: Sara Tienkamp, Manager of Parks
RE: MV 2018 — 06 A-D
Services
We have reviewed the documentation for the property associated with the above noted
application and provide the following recommended conditions in the event the
application is approved.
The proposed house construction and driveway works may have significant impact on
several trees on or adjacent to the subject property.
There are trees that may require removal due to the proposed works. As well, some
trees are situated on or adjacent to the subject property line and as such any excavation
or disturbance in this location may result in irreparable damage to the root systems and
canopy, to one or more of these trees.
In view of the above staff recommend that the Committee impose the following
conditions in the event that this application is approved.
That the owner is required to provide an Evaluation Report prepared by a
Certified Arborist or Professional Registered Forester outlining all aspects of the
impacts that this proposal will have on existing and remaining vegetation, The
report shall include a site plan showing the location of all trees and vegetation
that will be impacted and or preserved both on or adjacent to the site. The
report shall also include recommendations and an action plan on the mitigation
of negative effects to preserved vegetation ,during and post construction
periods as well as measures aimed at tree health care and protection for trees
effected by the project and any remaining trees in the vicinity of the project that
require applicable maintenance.
Should it be determined by the Arborist /Forester that trees and vegetation
warrants preservation and protection then the report shall include a schedule of
monitoring the ongoing site work through a series of scheduled site visits by the
Arborist / Forester during and post construction to ensure the vegetation
preservation measures remain in compliance throughout the project, each site
Date February 27,2018 -2- Subject MV 2018-06 A-D
Visit to be documented and any resulting action items required by the Arborist
/Forester shall be implemented and confirmed on site forthwith by the Arborist
/Forester following each visit. The owner shall agree to provide copies of the
Arborist / Foresters site visit reports to the Town following each visit
• The owner shall agree to provide financial securities based on the total value of
the Tree Compensation evaluation and all Arboriculture works as defined by the
Town and the Owners Arborist/ Forester. To the satisfaction of the Director of
Parks and Recreation.
The owner will be required to provide vegetation compensation and a replanting
plan in accordance with the Town of Aurora TREE REMOVAUPRUNING AND
COMPENSATION POLICY to the satisfaction of the Direction of Parks and
Recreation as compensation for trees removed to facilitate construction.
Compensation planting shall be completed prior to release of the financial
securities.
• The owner shall agree to comply with the Aurora Tree Permit By-law # 5850-16-
prior to the removal of any trees on the property.
All of the above shall be included as terms and conditions in a Letter of Undertaking
with the Town of Aurora to guarantee compliance with the Conditions of Approval
and all related site works.
Sara Tienkamp, Manager of Parks
Date:
Attention:
RE:
File No.:
Related Files:
Applicant:
Location
Power
stidam
February 271n , 2017
Justin Leung
Request for Comments
MV-201 S-06A-D
Brendan O'Brien & Lori Mackenzie
44 Mosley Street
t,
utilities
1
COMMENTS:
We ha-ve reviewed the proposed variance Appi canon and have no cernnients cr objec, ns to its approval
I X `vie have reviei.ved the proposed Variance Appf€cater and have no nbiectirns to its approval subject to the
L fcl'ov Eng corrrnents (attacl ed he?cw).
Vr e have re-'�e'wwd the prcpus&d tiar'lance A.ppiicat on and have the fcl o sing coy€cems (attached te'oo").
Alectra Utilities (formerly PowerStream) has received and reviewed the proposed Variance Application. This review
however, does not imply any approval of the project or plan.
Ail proposed billboards, signs; and other structures associated with the project or plan must maintain minimum
clearances to the existing overhead or underground electrical distribution system as specified by the applicable
standards, codes and acts referenced.
In the event that construction commences, and the clearance between any component of the work/structure and the
adjacent existing overhead and underground electrical distribution system violates the Occupational Health and
Safety Act, the customer will be responsible for 100% of the costs associated with Alectra making the work area safe.
All construction work will be required to stop until the safe limits of approach can be established.
In the event construction is completed, and the clearance between the constructed structure and the adjacent existing
overhead and underground electrical distribution system violates the any of applicable standards, acts or codes
referenced, the customer will be responsible for 100% of Alectra's cost for any relocation work.
References:
• Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings)
• Ontario Health and Safety Act, latest edition (Construction Protection)
• Ontario Building Code, latest edition (Clearance to Buildings)
• PowerStream (Construction Standard 03-1, 03-4), attached
• Canadian Standards Association, latest edition (Basic Clearances)
If more information is required, please contact:
Mr. Stephen Cranley
Supervisor, Subdivisions & New Services
Phone1-877-963-6900 ext. 31297
Fax: 905-532-4401
E-mail. stun v'ri r'' i t ` ° ~ c n_
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NOTES:
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SYSTEM.
2. TRr VERTICAL CLEARANCES IN THL ABOVE TABLE ARE UNDER MAXIMUM SAG
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3. REFER TO CSA STANDARD C22.3 No , ANNEX D FOR LOCAL SNOW DEPTH VALUES,
A, ALL CLEARANCES ARE IN ACCORDANCE TO CSA STANDARD C22,3, F EF'ERENCES
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NOTES
1. UNDER NO CIRCUMSTANCES SHALL A CONDUCTOR BE PERMITTED TO PENETRATE THE
ENVELOPE SHOWN BY THE DOTTED LINE.
2. THE VERTICAL CLEARANCES ARE UNDER CONDITIONS OF MAXIMUM DESIGN SAG,
3, THE HORIZONTAL CLEARANCES ARE UNDER CONDITIONS OF MAXIMUM SAgNG. WHERE THE
CONDUCTOR SWING IS NOT KNOWN A HORIZONTAL CLEARANCE OF 480CM SHALL BE USED,
4, BUILDINGS THAT EXCEED 3 STOREYS OR IBM IN HEIGHT, THE MINIMUM HORIZONTAL
CLEARANCE OF THE SECONDARY CONDUCTORS SHOULD BE INCREASED TO 300cm WHERE 5T
IS NECESSARY TO ALLOW FOR THE RAISING OF LADDERS BY LOCAL FIRE DEPARTMENTS.
5. IN SITUATIONS SUCH AS MULTI —LEVEL GARAGES, WHERE ROOFS ARE NORMALLY USED BY
PERSONS AND VEHICLES, THE VERTICAL CLEARANCES OF POWERSTREAM STANDARD 03-1
SHALL APPLY.
6, 01STRIBUTON LINES CONSTRUCTED NEAR BUILDINGS SHALL BE BUILT TO AVOID OVERHANG
WHEREVER POSSIBLE. WHERE LINES MUST BE CONSTRUCTED OVER OR ADJACENT TO
BUILDINGS THE APPLICABLE HORIZONTAL AND VERTICAL CLEARANCES SHALL BE AT
CONDITIONS OF MAXIMUM CONDUCTOR SWING AND MAXIMUM SAG. THE ABOVE CLEARANCES
ARE DESIGNED TO PREVENT PERSONS ON OR IN BUILDINGS AS WELL AS EXTERNAL
MACHINERY USED IN CON3UCTION WITH A BUILDING TO COME IN CONTACT WITH
CONDUCTORS. EFFORTS SHOULD BE MADE TO INCREASE THESE CLEARANCES WHERE
POSSIBLE.
7. ALL CLEARANCES ARE IN ACCORDANCE TO CSA C22.3 NO.1-05 (TABLE-9)-
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Leung, Justin
From: Hurst, Gabrielle <Gabrielle.Hurst@york.ca>
Sent: Monday, February 26, 2018 2:48 PM
To: Leung, Justin
Subject: FW: March 8 COA Application - MV-2018-06 _44 Mosley Street, Minor Variance, Aurora
Attachments: MV-2018-06 application package.pdf
Good afternoon Justin,
The Regional Municipality of York has completed its review of the above Minor Variance application and has no
objection.
Regards,
7a 7*1Yc ;gaTW, MCIP.RPP. C.Tech
Programs and Process Improvement I Planning and Economic Development Branch I Corporate Services
The Regional Municipality of York 1 17250 Yonge Street I Newmarket, ON L3Y 6Z1
0 1-877-464-9675 ext. 71538 1 g�abrielle.hurst@Vork.ca I Our Values: Integrity, Commitment, Accountablity,
Respect, Excellence
From: JLeunQ(&aurora.ca [mailto:JLeung@aurora.ca]
Sent: Friday, February 16, 2018 1:21 PM
To: jmcdonaldC&cyfs.ca; Development Services; MRamunno@aurora.ca; LKukgaurora.ca; STienkam aurora.ca;
ABazar2aurora.ca; KSethi aurora.ca; PDeSarioCa)aurora.ca; AMihail aurora.ca
Cc: CGrau (claurora.ca; MRokos(@aurora.ca
Subject: March 8 COA Application packages
In accordance with Planning and Building Services electronic circulation procedures, attached are the following
Committee of Adjustment (COA) Application packages to be heard at the March 8 COA meeting:
MV-2018-03 - Chieduch - 62 Tyler Street
MV-2018-04 - Meehan-Scholes - 80 Victoria Street
MV-2018-05 - BG Properties (Aurora) Inc - 14314 Yonge Street
MV-2018-06 - Mackenzie -O'Brien- 44 Mosley Street
Justin Leung
Secretary -Treasurer
Committee ofAdjustment/Planning Technician
Planning and Development Services
Development Planning Division
Committee of Adjustment Section
Town of Aurora
100 John Vilest Way, Box 1000
Aurora, Ontario L4G 6J1
Phone: 905-727--3123 ext. 4223
Fax: 905-726-4736
jleung@aurora.ca
www.aurora.ca
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100 John West Way
Box 1000
Aurora, Ontario
L4G 6J 1
Phone: 905-727-3123 ext. 4350
Email: mrokos@aurora.ca
www.aurora.ca
Town of Aurora
Planning and Development
COMMITTEE OF ADJUSTMENT STAFF REPORT
Services
DATE: May 4, 2018
FROM: Marty Rokos, Planner/Acting Secretary -Treasurer, Committee of Adjustment
RE: Minor Variance Application
Bradley and Sharon McMillan
6 Highland Court
Plan 547 Lot 2
File NO: MV-2018-07A-B
PURPOSE OF APPLICATION MV-2018-07A
The Applicant is seeking relief from the provisions of Zoning By-law No. 6000-17, as
amended, to allow a reduction in the minimum interior side yard setback. The property is
in a Detached First Density Residential R1 Zone. Section 7.2 of the Zoning By-law
requires a minimum interior side yard setback of 4.5 metres. The Applicant is proposing
to construct a detached Pool House which is 2.44 metres to the southerly interior side
property line; thus requiring a Variance of 2.06 metres.
PURPOSE OF APPLICATION MV-2018.07B
The Applicant is seeking relief from the provisions of Zoning By-law No. 6000-17, as
amended, to allow an increase in eaves projection. The property is in a Detached First
Density Residential R1 Zone, Section 4.20 of the Zoning By-law allows eaves to project
0.7 metres into any required yard. The Applicant is proposing to construct a detached
Pool House with eaves projecting 2.52 metres into required southerly interior side yard;
thus requiring a Variance of 1.82 metres.
May 4, 2018 -2- MV-2018-07A-B — McMillan
York Region: No comments received
There appear to be no objections to the Application; however there are conditions
suggested in relation to approval of this Application.
LEGISLATIVE FRAMEWORK FOR MINOR VARIANCE
In considering this Application, the Committee must have regard for the following criteria
and determine whether:
= The general intent and purpose of the Town's Official Plan will be maintained;
= The general intent and purpose of the Town's Zoning By-law will be maintained;
■ The Variance is desirable for the appropriate development or use of the land, building
or structure; and,
• The proposed Variance is minor in nature.
- The previously received letter of concern/objection from the owner of 10 Highland
Court has now been removed
- Email correspondence from the owners of both 6 Highland Court and 10 Highland
Court are attached herein
RECOMMENDATIONS
THAT the Committee determine its position with respect to the merits of the
APPLICATION in the context of the legislative framework and the comments contained
herein.
SUBMISSION to the Secretary -Treasurer of written confirmation from the Director
of Operational Services, or their designate, that the Applicant has satisfied all
concerns below and as noted in the April 2, 2018 memo by Sara Tienkamp,
Manager of Parks:
• That the owner is required to provide an Evaluation Report prepared by a
Certified Arborist or Professional Registered Forester outlining all aspects
of the impacts that this proposal will have on existing and remaining
vegetation, The report shall include a site plan showing the location of all
trees and vegetation that will be impacted and or preserved both on or
adjacent to the site. The report shall also include recommendations and an
action plan on the mitigation of negative effects to preserved vegetation
,during and post construction periods as well as measures aimed at tree
health care and protection for trees effected by the project and any
remaining trees in the vicinity of the project that require applicable
maintenance.
May 4, 2018 -3- MV-2018-07A-B — McMillan
Should it be determined by the Arborist /Forester that trees and vegetation
warrants preservation and protection then the report shall include a
schedule of monitoring the ongoing site work through a series of scheduled
site visits by the Arborist / Forester during and post construction to ensure
the vegetation preservation measures remain in compliance throughout the
project, each site Visit to be documented and any resulting action items
required by the Arborist /Forester shall be implemented and confirmed on
site forthwith by the Arborist /Forester following each visit. The owner shall
agree to provide copies of the Arborist / Foresters site visit reports to the
Town following each visit
The owner shall agree to provide financial securities based on the total
value of the Tree Compensation evaluation and all Arboriculture works as
defined by the Town and the Owners Arborist/ Forester. To the satisfaction
of the Director of Parks and Recreation.
The owner will be required to provide vegetation compensation and a
replanting plan in accordance with the Town of Aurora TREE
REMOVAL/PRUNING AND COMPENSATION POLICY to the satisfaction
of the Direction of Parks and Recreation as compensation for trees removed
to facilitate construction. Compensation planting shall be completed prior to
release of the financial securities.
The owner shall agree to comply with the Aurora Tree Permit By-law # 5850-
16-prior to the removal of any trees on the property.
2. THAT the above noted conditions be satisfied within one year from the
Notice of Decision, or the Variance may lapse requiring reapplication.
Prepared by: Marty Rokos, Acting Secretary -Treasurer, COA Ext. 4350
Mart Rokos, MCIP, RPP
Planner
Acting Secretary -Treasurer, Committee of Adjustment
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100 Jahn West Way
Box1000
Aurora, Ontario
I.4G 6A
Phone: 905-727-3123 Ext. 4347
Email: cgraup @ aurora.ca
www.aurora.ca
DATE: May 2, 2018
TO: Marty Rokos, Acting Secretary Treasurer
Town of Aurora
Planning and Development
FROM: Caitlin Graup, Planner, Planning and Development Services
RE: Application for Minor Variance
McMillan
6 Highland Court
Plan 547 Lot 2
File Number MV-20 8.07A-B
Services
The applicant is requesting relief from the requirements of the Town of Aurora Zoning By-
law 6000-17. The applicant is proposing to construct a detached pool house. The original
application was deferred at the April 12, 2018 Committee of Adjustment meeting. The
purpose of the deferral was to allow the applicant to consult with the adjacent neighbour
and to consider a larger side yard setback. The applicant has consulted with the adjacent
neighbour to the south and submitted a revised plan with a revised Preliminary Zoning
Review.
Application MV-2018-07A: To permit a reduced minimum southerly interior side yard
setback for the proposed detached pool house of 2.44m, whereas the Zoning By-law
requires a setback of 4.5m, thereby requiring a variance of 2.06m;
Application MV-2018-078: To permit the proposed detached pool house to have an
eaves projection of 2.52m into the required southerly interior side yard, whereas the
Zoning By-law allows a maximum eaves projection of 0.70m, thereby requiring a variance
of 1.82m.
Planning staff have evaluated the minor variance application pursuant to the prescribed
tests set out in Section 45.1 of the Planning Act.
1) General Intent of the Official Plan
The subject property is designated as Suburban Residential by the Town of Aurora Official
Plan. The intent of the Suburban Residential designation is to ensure the highest standards
of development for these extremely low density areas. In addition, permitted uses in
Suburban Residential are limited to detached dwellings, accessory dwellings and home
occupations. The variances sought will continue to maintain the residential character of
May 2, 2018 -2- MV-2018-07 A-B
this portion of Highland Court. Planning Staff are of the opinion that the proposed
variances maintain the general intent and purpose of the Official Plan.
2) General Intent of the Zoning By-law
The subject lands are zoned "Detached First Density Residential (R1) Zone" by the Town
of Aurora Zoning By-law 6000-17. The proposed pool house is considered an accessory
building and is permitted under the R1 zone.
Section 7.2 of the Zoning By-law requires a minimum interior side yard setback of 4.5
metres, and Section 4.20 of the Zoning By-law states eaves may project 0.7 metres into
any required yard. The intent of the side yard setback and eaves projection provisions are to
ensure that adequate spatial separation is maintained from the side lot lines and to
minimize potential impacts on adjacent properties.
Given that the proposed pool house is located in the rear yard and appears to be largely
screened by an existing hedgerow along the property line, it is Planning Staff's opinion
that the impact on adjacent properties will be minimal. The applicant's proposed setback
of 2.44m maintains adequate space for maintenance to be performed at the back of the
structure. Planning staff are of the opinion that the proposed variance maintains the
general intent and purpose of the Zoning By-law.
3) Are the variances desirable for the appropriate development or use of the
land
Planning Staff are of the opinion that the proposed variances will not have a negative impact
on the adjacent residential properties and surrounding neighbourhood and are appropriate for
the development of the land. The proposed side yard setback still maintains adequate space
for maintenance access at the back of the structure. The applicant has also advised that they
have spoken with the property owners to the south and they do not have any concerns with
the revised submission. Given the above, Planning Staff are of the opinion that the
proposed variances constitute a desirable, compatible, and appropriate development and
use of the land,
4) Are the variances minor in nature
Planning Staff are of the opinion that the proposed variances to reduce the minimum
interior side yard and increase the eaves projection will not have a negative impact on
surrounding properties. The proposed side yard setback and eaves projection still maintains
adequate spatial separation from the side lot line. Therefore, Staff are of the opinion that the
proposed variances are minor in nature.
Planning Staff are of the opinion that the subject minor variance application meets the four
(4) prescribed tests set out in Section 45.1 of the Planning Act and therefore staff have no
objection to the approval of Minor Variance Application File: MV-2018-07 A-B (McMillan).
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100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Phone: 905-727-3123 ext. 4375
Email: pngo@aurora,ca
www.aurora.ca
DATE: March 27, 2018
Town of Aurora
Infrastructure & Environmental
Services
File: MV-201 -. (07 A&B):
D13-DEV- 006 (2018)
TO: Justin Leung, Secretary -Treasurer Committee of Adjustment
FROM: Patrick Ngo, Planning and Development Services
RE: Application for Minor Variance
McMillan
6 Highland Court
Plan 547 Lot 2
Engineering and Capital Delivery Division has no objection to these minor variance
applications.
Patrick Ngo
Municipal Engineer
Ext. 4375
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100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Phone: 905-727-3123 ext. 3223
Email: stienkamp@aurora,ca
www.aurora.ca
DATE: April 2, 2018
TO: Marty Rokos, Planner
FROM: Sara Tienkamp, Manager of Parks
RE: MV 2018-07 A-D
Town of Aurora
. Operational Services
Parks Division
We have reviewed the documentation and the property associated with the above noted
application and provide the following recommended conditions in the event the
application is approved
The proposed pool house construction may have impact on trees on or adjacent to the
subject property such that it will be necessary to remove trees to facilitate construction
of the proposed building.
In view of the above the Committee may wish to consider imposing the following
conditions in the event that this application is approved.
That the owner is required to provide an Evaluation Report prepared by a
Certified Arborist or Professional Registered Forester outlining all aspects of the
impacts that this proposal will have on existing and remaining vegetation, The
report shall include a site plan showing the location of all trees and vegetation
that will be impacted and or preserved both on or adjacent to the site. The
report shall also include recommendations and an action plan on the mitigation
of negative effects to preserved vegetation ,during and post construction
periods as well as measures aimed at tree health care and protection for trees
effected by the project and any remaining trees in the vicinity of the project that
require applicable maintenance.
Should it be determined by the Arborist /Forester that trees and vegetation
warrants preservation and protection then the report shall include a schedule of
monitoring the ongoing site work through a series of scheduled site visits by the
Arborist / Forester during and post construction to ensure the vegetation
preservation measures remain in compliance throughout the project, each site
Visit to be documented and any resulting action items required by the Arborist
/Forester shall be implemented and confirmed on site forthwith by the Arborist
/Forester following each visit. The owner shall agree to provide copies of the
Arborist / Foresters site visit reports to the Town following each visit
_2_
April 2, 2018 MV 2018-07 A-D
The owner shall agree to provide financial securities based on the total value of
the Tree Compensation evaluation and all Arboriculture works as defined by the
Town and the Owners Arborist/ Forester. To the satisfaction of the Director of
Parks and Recreation.
The owner will be required to provide vegetation compensation and a replanting
plan in accordance with the Town of Aurora TREE REMOVAL (PRUNING AND
COMPENSATION POLICY to the satisfaction of the Direction of Parks and
Recreation as compensation for trees removed to facilitate construction.
Compensation planting shall be completed prior to release of the financial
securities.
• The owner shall agree to comply with the Aurora Tree Permit By-law # 5850-16-
prior to the removal of any trees on the property.
All of the above shall be included as terms and conditions in a Letter of Undertaking
with the Town of Aurora to guarantee compliance with the Conditions of Approval
and all related site works
Sara Tienkamp, Manager of Parks
Rokos, Mart
From: Hunzach <hunzachhomes@rogers.com>
Sent: April-09-18 12:13 PM
To: Jeremy Burge
Cc: Alan Plaunt; Michael Pettes; Christine Vyfschaft, Rokos, Marty
Subject: [BULK] Re: 6 Highland Crt, Minor Variance Application
Importance: Low
Hi Jermey,
Thank you for your understanding, since Alan and Christine are not close to the site, if you have any questions
or concerns please feel free to contact me.
I'm very easy going and would like the renovation to go as smoothly as possible.
Enjoy your travels.
Best Regards,
Jordan
Jordan Kolm
Owner/Builder
Hunzach Homes
415 357 9997 cell
.Ic�rrianitiol����r r�r===et�s.cr�ta�
1-lunzachholnesc°ro2ers.c0111
Sent from my iPhone
On Apr 9, 2018, at 11:35 AM, Jeremy Burge <'cr�z hU -2- C capitat inle n ation al.corn> wrote:
Alan and Christine
Thank you so much for the kind and detailed email. I will keep this short as were are away
This all seems good with us based upon your commitments and explanations . We will therefore
remove our objection letter.
To : Marty Rokos - please use this as our Authority to remove our letter of objection
Thank you again
Looking forward to meeting you both
Jeremy and Andrea
z
From: Alan Plaunt
Sent: Sunday, April 08, 2018 9:47:35 PM
To: Jeremy Burge (JEYB)
Cc: Jordan Kolm; Michael Pettes; Christine Vyfschaft; rnrokos� aurora.ca
Subject: b Highland Crt. Miner Variance Application
Dear Jeremy and Andrea
We are very sorry that this is how we are introducing ourselves. The purchase of our new home
happened relatively quickly with us not being able to spend any time in the neighbourhood,
making it hard to meet.
The variance application was completed by someone else while we were away and we didn't
realize how little information was provided with regards to intent and execution details. We
should have consulted you before the application was submitted!
We were very surprised to find out how large the back yard and side yard setback are (4.5m!).
This is uncommon from our experience of property ownership. We examined other compliant
locations to build the shed, but with these imposed set backs, it would be in the middle of our
lawn, either to the left or right of the pool! The best option is to build the shed over the existing
equipment.
The purpose of the pool shed is to cover the pool equipment and to provide a bit of dirty storage
of pool and gardening tools. It is not heated nor is there living quarters or entertainment areas.
We will not use the back outside of the shed for storage.
Currently, the pool equipment is within the side yard setback zone and the privacy fence on our
side provides a bit of sound isolation for us but, probably, reflects the pool pump noise towards
you. Housing the equipment will greatly reduce any pool equipment sounds.
The footprint drawing was in error when it showed the lack of hedge. We intend to keep the
hedge around our property as a sound and visual barrier. We will also, get the hedging
professionally trimmed to clean up its appearance. If you will allow, we will also get your side
cleaned up, if needed.
Although the footprint of the building is 37x12', the internal space is actually not that big due to
the significant real estate area required by the pool equipment. Also, the internal space is quite a
bit smaller due to a covered landing on our side. The eave height is just high enough for a
standard door. There are no windows on the back side, so you will get a solid wall for privacy.
The current hedge height should cover all but the peak of the roof.
We will make sure the roof run-off is handled properly to not cause water to flow anywhere it's
not wanted.
We will not be putting in any fireplace or fire pit. The BBQ will be installed on our house porch
well away from any nature.
We hope that we have addressed all of your concerns. Please feel free to contact us if you have
any other questions.
Regards,
Alan and Christine
To others; We understand Jeremy and Andrea are away. Please forward this note to them if there
is a better email address to use.
Alan Plaunt 905 334-6496 �tl Lcom Christine Vyfschaft 905 431-7129 E,tri�s �;;lt_����, � G ai.cE�t� 6 Highland
Crt.
yow're, 6& good coupwcy
100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Phone: 905-727-3123 ext. 4350
Email: mrokos@aurora.ca
www.aurora.ca
Town of Aurora
Planning and Development
COMMITTEE OF ADJUSTMENT STAFF REPORT
DATE: May 4, 2018
Services
FROM: Marty Rokos, Planner/Acting Secretary -Treasurer, Committee of Adjustment
RE: Minor Variance Application
1087931 Ontario Limited
160 Wellington Street East
Plan 246 Part Lot 106 RP 65R-25819 Parts 6 to 8
File NO: MV-2018-10 A-B
PURPOSE OF APPLICATION MV-2018-10A
The Applicant is seeking relief from the provisions of Zoning By-law No. 6000-17, as
amended, to permit a reduction in required parking spaces and barrier -free parking
spaces. The purpose of the reduction of parking spaces is to facilitate an outdoor play
area for a proposed childcare facility. The property is zoned "Mixed Residential
Commercial C6(150) Exception Zone". The site -specific Zoning By-law requires a
minimum of 123 parking spaces. The Applicant is proposing to reduce the minimum
required parking spaces to 120, thus requiring a variance of 3 parking spaces.
May 4, 2018 -2- MV-2018-10 A-B--1087931 Ontario Ltd.
York Region: No objections
BASIC DATA PERTAINING TO THE MATTER
There appear to be no objections to the Application; however there are conditions
suggested in relation to approval of this Application.
• i. ►Fill
In considering this Application, the Committee must have regard for the following criteria
and determine whether:
■ The general intent and purpose of the Town's Official Plan will be maintained;
■ The general intent and purpose of the Town's Zoning By-law will be maintained;
■ The Variance is desirable for the appropriate development or use of the land, building
or structure; and,
• The proposed Variance is minor in nature.
SUPPLEMENTARY INFORMATION
- Written correspondence received from residential suite owner at 160 Wellington
Street East, with response from Planning Department (email attached herein)
RECOMMENDATIONS
THAT the Committee determine its position with respect to the merits of the
APPLICATION in the context of the legislative framework and the comments contained
herein.
1. SUBMISSION to the Secretary -Treasurer of written confirmation from Director of
Planning and Development Services, or their designate; that the Applicant has satisfied
all concerns below and as noted in the May 3, 2018 memo by Lawrence Kuk, Senior
Planner:
That the Owner apply for Exemption from Site Plan Approval and that an
exemption be granted by the Town in regards to site alterations to
accommodate the proposed childcare facility and associated outdoor play
area.
2. THAT the above noted conditions be satisfied within one year from the
Notice of Decision, or the Variance may lapse requiring reapplication.
Prepared by: Marty Rokos, Acting Secretary -Treasurer, COA Ext. 4350
V��
Marty Rokos, MCIP, RPP
Planner
Acting Secretary -Treasurer, Committee of Adjustment
yow're� lsf, good CaMP449,
100 Jahn West Way
Box 1000
Aurora, Ontario
L4G 6J1
Phone: 905-727-3123 Ext. 4343
Email: Lkuk@aurora.ca
www.aurora.ca
DATE: May 3, 2018
Town of Aurora
Planning and Development Services
TO: Marty Rokos, Acting Secretary Treasurer
FROM: Lawrence Kuk, Senior Planner, Planning and Development Services
RE: Application for Minor Variance
1087931 Ontario Limited
160 Wellington Street East
Plan 246 Part Lot 106 RP 65R-25819 Parts 6 to 8
File No. MV 2Q18-.10 A-B
The applicant is requesting relief from the requirements of the Town of Aurora Zoning By-
law 6000-17 to permit a reduction of parking spaces and barrier -free parking spaces. The
purpose for the reduction of parking spaces is to facilitate an outdoor play area for a
proposed childcare facility.
Application MV-2018-10A: To reduce the total minimum required parking spaces to 120,
whereas the site -specific Zoning By-law requires a minimum of 123 parking spaces,
thereby requiring a variance of 3 parking spaces;
Application MV-2018-10B: To reduce the total minimum required barrier -free parking
spaces to 3, whereas the Zoning By-law requires a minimum of 5 barrier -free parking
spaces, thereby requiring a variance of 2 barrier -free parking spaces.
Planning staff have evaluated the minor variance application pursuant to the prescribed
tests set out in Section 45.1 of the Planning Act.
1) General Intent of the Official Plan
The subject lands are designated "Upper Downtown" on Schedule `81' by the Town of
Aurora Official Plan. Policies of the Upper Downtown designation encourages retail,
entertainment and cultural venues as well as more uses that are residential. Land use
policies within the Upper Downtown also encourages mixed -use development including
having dwelling units located on the second storey and avoiding standalone retail facilities.
The purpose of the proposed variances is to implement an outdoors play area for a
childcare facility located in a vacant commercial unit on the ground floor. Planning staff
are of the opinion that the proposed variances maintains the general intent and purpose
of the Official Plan.
May 3, 2018 -2- MV-2018-10A-13
2) General Intent of the Zoning By-law
The subject property is zoned "Mixed Residential Commercial (C6-150) Exception Zone"
by the Town of Aurora Zoning By-law 6000-17. Day care centres are permitted within the
C6-150 exception zone. The intent and purpose of the minimum parking requirement is to
ensure that adequate on -site parking to service the uses on the subject lands.
The Applicant submitted a parking study to support the proposed variances. The parking
study observed the number of available parking spaces on a weekday from 7:00am to
10:00am and 4:00pm to 7:00pm. The parking study concluded that during the operation
of daycare, there are significant number of vacant parking spaces available. The parking
study demonstrated that at most, only 51 regular parking spaces and 1 barrier free parking
spaces were occupied at 7:00am. The parking study has been reviewed by the Town's
Traffic/ Transportation Analyst and concurs with the findings of the parking study and have
no objections to the proposed variances. Therefore, Planning Staff are of the opinion that
the proposed variances maintains the general intent and purpose of the Zoning By-law.
3) Is the variance desirable for the appropriate development or use of the land
The proposed childcare facility is to be located in an existing vacant commercial unit under
a residential condominium apartment building. Childcare facility is permitted under the
Official Plan and the Zoning By-law on the subject lands. The purpose of the proposed
variances is to reduce the number of parking spaces to support a permitted use. As such,
Planning Staff is of the opinion that the proposed variances are constitutes an appropriate,
desirable and compatible use of the land in relation to the surrounding area.
4) Is the variance minor in nature
Although the proposed variance is to reduce the total number of barrier -free parking to 3,
please note the mixed use development on the subject lands were approved with only 3
barrier -free parking on the subject site. Therefore, the proposed variance for the barrier -free
parking spaces is to recognize the relocation of the existing barrier -free parking spaces. As
shown in the parking study, the proposed reduction of regular parking spaces will have
minimal impact to the parking supply for both the residential and commercial portion of
the subject lands. Planning Staff are of the opinion that the proposed variances are minor
in nature.
Although Planning Staff have no objection to the proposed variances for reduction of
parking spaces, please note a site plan exemption application is required to implement
the childcare facility and outdoor play area. The purpose of the site plan exemption is to
review matters that are outside the scope of the proposed minor variances. Staff will
review items such as traffic flow from drop-offs, the location of the new barrier -free parking
spaces and other site alterations matters.
Based on the aforementioned, Planning Staff are of the opinion that the proposed minor
variance application meets the four (4) prescribed tests set out in Section 45.1 of the
Planning Act and; therefore, have no objection to the approval of Minor Variance
Application MV-2018-12 A-B, (Spragg) subject to the following condition:
May 3, 2018 -3- MV-2018-10A-B
That the Owner apply for a Site Plan Exemption Application and approval be
granted by the Town in regards to site alterations to accommodate the proposed
Childcare facility and the outdoor play area.
KAPlanning & Development ServiceslGOV\CouncilCommlStaffReports\COA\Variances12018 ReportstMV-2018-10- (Bruce Spragg)
160 Wellington St East - LK - reduction in parking spaces and barrier free.dccx
100 John West Way
Box
1000 Town of Aurora
u� Aurora, Ontario Planning & Development Services
L4G BJ1
You'ke'ut good Cotschuly Phone: 905-727-3123 ext. 4374 Engineering & Capital Delivery Division
Email: mbat@aurora.ca
www.aurofa.ca
MEMO File: 1 V 2048-1OA-B"
D13-DEV-006 (2018)
DATE: April 25, 2018
TO: Marty Rokos, Acting Secretary -Treasurer, Committee of Adjustment
FROM: Michael Bat, Traffic/Transportation Analyst
RE: Application for Minor Variance
1087931 Ontario Limited
160 Wellington Street East
Plan 246 Part Lot 106 RP 65R-25819 Parts 6 to 8
Engineering and Capital Delivery Division reviewed the above -noted minor variance
application. The applicant proposes the following minor variances:
1. Section 24.150.5 of the Zoning By-law requires a minimum of 123 parking spaces.
The applicant is providing 120 parking spaces, thereby a shortfall of 3 parking
spaces; and
2. Section 5.8.2 of the Zoning By-law requires 5 barrier -free parking spaces. The
applicant is providing 3 barrier -free parking spaces, therefore having a shortfall of 2
barrier -free parking spaces.
To support the above noted variances, the applicant submitted a parking utilization
survey at the subject site and concluded that the proposed parking supply is adequate
to support the future parking demand. We have reviewed the provided information and
concur with the applicant.
Based on the foregoing, we have no objections to this minor variance application.
Michael Bat
Traffic/Transportation Analyst
Ext. 4374
K \Planning & Development ServiceslPDBtEngPinDevOesignDevRevievv\Variances12018\MV-2018-10A&B 160 Wellington St E-mb.docx
Rokos, Marty I
From: McMackin, Joseph <Joseph.McMackin@york.ca>
Sent: May-02-18 2:59 PM
To: Rokos, Marty
Subject: MVAR.1 8.A.0227 / M.W201 8. T.0A.BJ1 60 Wellington Street East)
1-11 mal-INF,
The Regional Nftmicqlahiv of York. has ci)mplcied its i-cviow of above Minor Variance Applicallon and has
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plew'e feel free to contact Inn if N"OL, !hIVC �UIV IIINIICI` C[LICS6011S 0[- COIICCIIAS
Best-
Joseph McMackin, S.URP� I Asso6ate Planner
Planning and Economic Development Branch, Corporate Services Crept.
TheRegional Municl.pality of York} 17250 Yonge Street I Ne%�.,rnarket, ON LL3Y 6Z'
0: 1-877-464-9675 ext. 71516 1 j2�'��?ackir�, irk. akvww.vork,ca
Our Valves- lategrity, CornmiArnent, Accounuib'Yty, Respecr, Excel,16,nce
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Grau , Caitlin
From:
Kuk, Lawrence
Sent:
Friday, May 04, 2018 9:39 AM
To:
Planning; Ian & Laura Johnson
Cc:
Graup, Caitlin
Subject:
RE: File # MV-2018-10A-B
Hello L2Ura,
Thank you for your comp eats Submitted or., May 3, 2018 pertaining to the Minor Variance application, or, 160
y eNing'on S°reet. East.
i WOUld like to take this opportunity to acknowledge receipt of year comments.
Please note your comments wili be kept on foe,
Staff will include you as are interested party for the rriinor variance_ application as requested. .
For clarity, the applicant is proposing to reduce the regular parkinIg space requirernent hrorn 123 to 120 parkin'a spaces,
s for the barrier -free, park-Ing spaces. Currently, there are only 3 barrier -free parking spaces on site, The variance for the
barrier -free parking spa -cis will not further reduce what is current out there.
The applicant %will only reg sate the 2 barrier -free along yor e Street to face Centre Sfteet. The other has rier-fre'e
parking space will remain as is.
i agree ,with void that the act a[ van" ante of reduction of parldn— spaces is not the F3 ahn issue.
I un erStand your CDncer s with regards to drop offs and the potential futL,;re traffic issues in tNs area.
Although, the above issues are outside the scope of what a m1nor variance application: is :nfended fo-
lann ;), Staff is recornme ding to the Corr,m4tee of Adjustment to approve the application subiec t to a site plan
exemption ar�rndkcaticin.
The purpose of the site plan exernption application is m a`lo•&i Staff !o review issues such ar traffic flow generated by the
future C rechijd cegtre_
Staff would like to review where the delineated drop off areas are.
If the site plan exerno'dwn applicafFon dGes not get appIroved, the r€€inor variance will not be approved as we4
if you have any questions, please do not hesitate to contact me.
Regards,
Lowrence Kuk, MCIP, RPP
Senior Planner
Town of Aurora
100 John West Way, Box 1000
Aurora, Ontario L4G 6.11
Phone; 905-727-3123 ext. 4343
Fax: 905-726-4736
II<uk,:Ew rora.g
From: February, Stephanie On Behalf Of Planning
Sent: Thursday, May 03, 2018 3.35 PM
To: Ian & Laura Johnson <ianjohnson@rogers.com>; Planning <Planning@aurora.ca>
Cc: Graup, Caitlin <CGraup@aurora.ca>; Kuk, Lawrence <LKuk@aurora.ca>
Subject: RE: File # MV-2018-10A-B
Dear Laura,
By way of the s email I am forwarding your comments to Caitlin Graup, Planner for any assistance site may be able t
Provide in th:s e gar .
t Thank you or Con actin Planning and Development Services
Stephanie February
Planning Clary,
Planmk_g and Development Services
T v4n of Aurora
100 John West Way, Box 1000
Au ora, ntar'lo L4 J!
Prone: 905-7 7-3 23 ext. 4226
Fax. 5-7 6-47 3
ufl r@ aur€or�.ca
1- 1Y1V.at r ra.cia
From: Ian & Laura Johnson <ianiiohnson. r zers.c�rm>
Sent: Thursday, May 03, 2018 3:26 PM
To: Planning <iannfrrr_a>
Subject: File # MV-2018-10A-B
Dear Sir,
I am replying to a notice sent to me Re: zoning a minor variance application in reducing required parking spaces and
barrier free parking.
If I understand correctly some of the parking spaces owned by the commercial units will be converted into an outdoor
play area for the future daycare that will own/rent a commercial unit at 160 Wellington street East. There will be a
reduction of 5 parking spaces. I do not feel that actual conversion of parking spots is a problem.
The problems that may occur are:
1. If there is NOT an assigned area or parking spots devoted to parents dropping of their children, it is possible that
parents will park in an condo owners spot while dropping off and/or picking up their children from daycare.
So new and additional inconvenience for tenants and owners.
2. Traffic flow through the lot: parents in a rush could try and cut through the entrance off of wellington and cause
safety issues to patrons getting into their vehicles and or patrons leaving the front door of the building (the
driveway coming off Wellington St., under the carport is quite close to the front doors of the building). This
could be a safety concern to patrons of the building.
3. Traffic flow at the intersection of Center St. and Industrial Pkwy is already problematic-( see painting on the road
that reads " Do not block traffic".) Also the addition of 2 new condos to be built (where Royal woodworking is
now located) will cause a great deal of congestion and additional traffic flow problems at the intersection of
Center St./industrial Pkwy as well as at Industrial Pkwy and Wellington St. Traffic flow is already poor in this area
when the Go train parking lot is filling up or emptying during the morning and evening rush hours.
I realize this meeting is to discuss the parking changes and not traffic flow issues in and around the condo. However, we
the owners and our town planners have a duty to think ahead of possible problems down the road that could arise due
to poor planning or lack of foresight, especially when poor planning could affect both safety to citizens and traffic flow
problems in an already very congested area. Is the additional daycare traffic and the future condo traffic going to add up
to a traffic and safety nighmare?
What kind of study is needed to address the above issues?
Thanks
Have a great day.
Please respond and let me know that this email went to the person who is overseeing this meeting.
P.S. I will hopefully attend the meeting on May loth, but just in case I cannot this is my written request to be notified of
the decision by the Committee of Adjustment. (air. nsaErc.
Thanks
Laura Johnson
Owner of Suite 401
160 Wellington Street E.
Aurora, Ontario
Sent from € ad" for Windows 10
March 14,218
Magic Tree Child Care
123 Dawlish Avenue
Aurora, ON L4G6R3
Mr. Michael Bat
Analyst, Traffic/Transportation
Engineering and Capital Delivery Division
Planning and Development Services
Town of Aurora
100 John West Way, Box 1000
Aurora, Ontario L4G 611
Dear Mr. Michael fiat,
Permit Application No. PR20180186
Following study has been prepared by us to provide you with information on existing property and the
changes being proposed under this application.
Introduction
Following parking utilization study was preformed to determine parking demand for existing mixed -use
residential -- commercial building located at 160 Wellington St E, Aurora Ontario.
Description of Property
The property is located at northwest corner of Wellington St East and Industrial Parkway North, in
Aurora, Ontario. It is a 5 storey building with 4 level of residential apartments above the ground level
commercial units. There are 4 commercial units on the ground level, one of which is vacant and is being
proposed for daycare use under this application.
The property offers surface parking spaces with following counts:
Parking Spaces
Included in above numbers are 3 accessible parking spaces.
Included in above numbers are 3 accessible parking spaces.
Description of Proposal
This application is proposing a daycare use for the currently vacant Unit 3. Unit 3 is a corner unit as
shown on the illustration below.
As part of the daycare, the application is proposing an outdoor playground, which will result in reduction
of 4 regular parking space, which is a shortfall of 3 parking spaces as determined by the Preliminarily
Zoning Review. following drawing shows the impact of proposed playground and the changes being
proposed to the existing parking layout.
Parking Utilization Survey
Following chart provides statistical information of parking space use. The survey was done on
Wednesday, March 21, 2018.
Number of Parking Spaces Occupied
Commercial
Residential
Tenant
out of 21
Visitor
Out of 5
Resident
Out of 81
Visitor
Out of 17
7:00arn
0
0
50
1 S.F.
7:30am
0
0
44
2 (1 B.F.)'
8:00am
0
0
37
3 (1 B.F.)*
8:30am
0
0
31
3 (1 B.F.)*
9:00arn
0
0
30
4 (1 B.FX
9.30am
0
0
29
4 (1. B,F.)*
10:00arn
0
0
28
4 (1 B.F.)*
4:00prn
1
0
24
5 (1 B3 F.)*
4.30pm
1
0
21
7 (1 B.F.)*
5.00pM
0
0
42
4 (1 B.F.)*
5:30prn
0
1
38
5 (1 B.F.)*
6:00pm
0
1
42
4 (1 B.F.)*
6:30pm
1
1
43
a (1 B,F.)"
7:00pm
0
0
42
5 (1 B.F.)-
* # B.F. = Includes # Barrier Free Parking Space
Conclusion
As determined by the above study, during the operation of daycare, which will be from 7:30arn to
6:00pm, there will be significate number of vacant parking spaces available. Flowing table presents the
number of available parking spaces at the pick time of use for each category.
Available Number of Parking Space at Pick Time of Use
Commercial
Residential
Tenant
Visitor
Resident
Visitor
Vacant
20
4
31
11
Wherefore, proposed changes to the number of parking spaces (shortfall of 3 spaces) will have no impact
on availability of parking space.
yotere us. good Company
100 Jahn West Way
Box1000
Aurora, Ontario
L4G 6,11
Phone: 905-727-3123 ext. 4350
Email. mrokos@aurora.ca
www.aurora.ca
Town of Aurora
Planning and Development
COMMITTEE OF ADJUSTMENT STAFF REPORT
DATE: May 4, 2018
Services
FROM: Marty Rokos, Planner/Acting Secretary -Treasurer, Committee of Adjustment
RE: Minor Variance Application
Vello Holdings Limited
330 McClellan Way
Plan 65M-2802 Block 2
File NO: MV-2018-11
PURPOSE OF APPLICATION MV-2018-11
The Applicant is seeking relief from the provisions of Zoning By-law No. 6000-17, as
amended, to reduce the minimum required landscaping strip abutting a residential zone.
The property is zoned "Convenience Commercial C1(103) Exception Zone". Section 4.8
of the Zoning By-law requires a 1.5m landscaping strip to be located adjacent to the entire
length of a property line which abuts a residential zone. The Applicant is proposing a 27m
by 5.4m playground for a proposed daycare centre within the required landscaping strip
along the northern property line where the property abuts a residential zone, thus
requiring a variance.
DEPARTMENTS AND AGENCIES
COMMENTS RECEIVED
CIRCULATED
Planning Division:
No objections subject to
i condition
Building Division:
No comments received
Engineering Division:
No objections
Operational Services.
No objections ob __..._ .... _
f subject to
conditions
Central York Fire Services:
No comments received
Alectra Utilities;
No comments received
York Region:
. _. .._ _ ....... ........... ..... ._... _.._...._, ...........
E No objections
BASIC DATA PERTAINING TO THE MATTER
There appear to be no objections to the Application; however there are conditions
suggested in relation to approval of this Application.
May 4, 2018 -2- MV-2018-11 — Vello Holdings Limited
LEGISLATIVE FRAMEWORK FOR MINOR VARIANCE
In considering this Application, the Committee must have regard for the following criteria
and determine whether:
■ The general intent and purpose of the Town's Official Plan will be maintained;
■ The general intent and purpose of the Town's Zoning By-law will be maintained;
M The Variance is desirable for the appropriate development or use of the land, building
or structure; and,
■ The proposed Variance is minor in nature.
RECOMMENDATIONS
THAT the Committee determine its position with respect to the merits of the
APPLICATION in the context of the legislative framework and the comments contained
herein.
1. SUBMISSION to the Secretary -Treasurer of written confirmation from Director of
Planning and Development Services, or their designate; that the Applicant has satisfied
all concerns below and as noted in the May 3, 2018 memo by Lawrence Kuk, Senior
Planner:
• That the Owner apply for Exemption from Site Plan Approval and that an
exemption be granted by the Town to accommodate the proposed
playground.
2. SUBMISSION to the Secretary -Treasurer of written confirmation from the Director
of Operational Services, or their designate, that the Applicant has satisfied all
concerns below and as noted in the May 2, 2018 memo by Sara Tienkamp,
Manager of Parks:
That the owner is required to provide an Evaluation Report prepared by a
Certified Arborist or Professional Registered Forester outlining all aspects
of the impacts that this proposal will have on existing and remaining
vegetation, The report shall include a site plan showing the location of all
trees and vegetation that will be impacted and or preserved both on or
adjacent to the site. The report shall also include recommendations and an
action plan on the mitigation of negative effects to preserved vegetation
,during and post construction periods as well as measures aimed at tree
health care and protection for trees effected by the project and any
remaining trees in the vicinity of the project that require applicable
maintenance.
Should it be determined by the Arborist /Forester that trees and vegetation
warrants preservation and protection then the report shall include a
schedule of monitoring the ongoing site work through a series of scheduled
site visits by the Arborist / Forester during and post construction to ensure
the vegetation preservation measures remain in compliance throughout the
May 4, 2018 -3- MV-2018-11 -- Vello Holdinqs Limited
project, each site Visit to be documented and any resulting action items
required by the Arborist /Forester shall be implemented and confirmed on
site forthwith by the Arborist /Forester following each visit. The owner shall
agree to provide copies of the Arborist / Foresters site visit reports to the
Town following each visit
• The owner shall agree to provide financial securities based on the total
value of the Tree Compensation evaluation and all Arboriculture works as
defined by the Town and the Owners Arborist/ Forester. To the satisfaction
of the Director of Parks and Recreation.
The owner will be required to provide vegetation compensation and a
replanting plan in accordance with the Town of Aurora TREE
REMOVAL/PRUNING AND COMPENSATION POLICY to the satisfaction
of the Direction of Parks and Recreation as compensation for trees removed
to facilitate construction. Compensation planting shall be completed prior to
release of the financial securities.
The owner shall agree to comply with the Aurora Tree Permit By-law # 5850-
16-prior to the removal of any trees on the property.
3. THAT the above noted conditions be satisfied within one year from the
Notice of Decision, or the Variance may lapse requiring reapplication.
Prepared by: Marty Rokos, Acting Secretary -Treasurer, COA Ext. 4350
W�� -
Marty Rokos, MCIP, RPP
Planner
Acting Secretary -Treasurer, Committee of Adjustment
you4- isf, good, cotkpojc v
100 John West Way
Box 1000
Aurora, Ontario
L4G BJ1
Phone: 905-727-3123 Ext. 4343
Email: ]kuk@aurora.ca
www.aurora.ca
DATE: May 3, 2018
Town of Aurora
Planning and Development
TO: Marty Rokos, Acting Secretary Treasurer to the Committee of
Adjustment
Services
FROM: Lawrence Kuk, Senior Planner, Planning and Development Services
RE: Application for Minor Variance
Vello Holdings Limited
330 McClellan Way
Plan 65M-2802 Block 2
File No. MV-2018-11
The Owner is requesting relief from the requirements of the Town of Aurora Zoning By-
law 6000-17, as amended to reduce the minimum required landscaping strip abutting a
residential zone.
Application MV-2018-11: Section 4,8 of the Zoning By-law requires a 1.5 m landscaping
strip to be located adjacent to the entire length of a property line which abuts a residential
zone. The Applicant is proposing a 27 m by 5.4 m playground for a proposed daycare
centre within the required landscaping strip along the north property line where the
property abuts a residential zone, thus requiring a variance.
Planning staff have evaluated the minor variance application pursuant to the prescribed
tests set out in Section 45.1 of the Planning Act.
1) General Intent of the Official Plan
The Town's Official Plan designates the subject lands as "Existing Commercial" on
Schedule 'A' Structure Plan and "Convenience Commercial Centre" on Schedule `C'
Commercial Centres. The intent of the "Convenience Commercial Centre" designation is
to recognize existing convenience and neighbourhood plazas. A child care centre is
permitted under the "Convenience Commercial Centre" designation. The proposed
variance is to implement an outdoor play area for a child care centre.
Planning Staff are of the opinion that the proposed variance conforms to the general intent
and purpose of the Official Plan.
May 3, 2018 -2- MV-2018-11
2) General Intent of the Zoning By-law
The subject property is zoned "Convenience Commercial C1(103) Exception Zone" by
the Town of Aurora Zoning By-law 6000-17.
The Owner is requesting relief from the required 1.5 m landscaping strip abutting a
residential zone for the proposed playground. The intent of the landscaping strip
requirement is to provide adequate spatial separation and buffering between uses and to
provide landscaped green space. The Applicant is proposing a 2 m setback from the main
commercial building to the play area. Furthermore, the proposed chain link fence
surrounding the play area is relatively low and will continue to provide visual separation
between the commercial and residential uses.
Planning Staff are of the opinion that the subject variance maintains the general intent of
the Zoning By-law.
3) Is the variance desirable for the appropriate development or use of the land
The subject property is a neighbourhood plaza that forms the commercial centre of the
surrounding predominantly residential neighbourhood. Playgrounds are typically located
near residential dwellings. The area of the proposed playground includes a drainage
swale as well as large coniferous trees. Any changes to the grading and landscaping will
be evaluated through the site plan exemption, which will be required before construction
of the playground. A wood privacy fence separates the subject lands from the adjacent
residential lands to the north. Additionally, each townhouse unit has a private rear yard
fence, separated from the boundary fence by a buffer of approximately 3 m. It is the
opinion of Planning Staff that adequate spatial separation, buffering and green space will
be maintained as a result of the proposed variance. It is noted that Engineering staff have
no concerns with a playground at this location.
Given the above, Planning Staff are of the opinion that the proposed variance constitutes
a desirable, compatible, and appropriate development and use of the land.
4) Is the variance minor in nature
Planning Staff are of the opinion that the requested variance will have a minimal impact
on the intended function of the subject lands and to the surrounding neighbourhood.
Planning Staff are of the opinion that the variance is minor in nature.
Planning Staff are of the opinion that the subject minor variance application meets the four
(4) prescribed tests set out in Section 45.1 of the Planning Act and therefore staff have no
objection to the approval of Minor Variance Application File: MV-2018-11 (Vello Holdings
Limited) subject to the following condition:
1. That the Owner apply for Exemption from Site Plan Approval and that an exemption
be granted by the Town to accommodate the proposed playground.
KAPlanning & Development ServiceslGOVlCouncilComm\StaffReportstCOA\Variances12018 ReportstMV-2018-11 (Vello Holdings)
330 McClellan Way - MPR - Reduce min landscape strip for daycare.docx
100 John West Way
Box loon 'Town of Aurora
� Aurora, Ontario
/ L4G 6J1 Planning & Development Services
Ui�Q Phone: 905-727-3123 ext. 4322
Emaii: gmcarthur@aurora,ca Engineering & Capital Delivery Division
Y'-o.rwyoa C www.aurora.ca
MEMO File. MV20"18-I I
Date: April 30, 2018
To: Marty Rokos — Acting Treasurer, Committee of Adjustment
From: Glen McArthur, Municipal Engineer
Re: Application for Minor Variance (Vello Holdings Limited)
330 McClellan Way
We have no objection to the above noted variance application.
Glen McArthur,
Municipal Engineer
Ext. 4322
Keir'1anr:r s to eni = WsiPCi i n i� ieutr� ,; n �vRev€e �atiL�ar=. ce 12 1 fl t1V St 1 i 3?L "� � (�3:ai� Way - Gfv."c.dcc :'
,yaw"re uc-C�aa�Cartic�rucy
100 John West Way
Box 1000
Aurora, Ontario
L4G BJ 1
Phone: 905-727-3123 ext. 3222
Email: stienkamp@aurora.ca
www.aurora.ca
INTERNAL. MEMORANDUM
DATE: May 2, 2018
Town of Aurora
Parks, Recreation and Cultural
TO. Marty Rokos, Planner, Acting Committee of Adjustment Secretary
FROM: Sara Tienkamp, Acting Manager of Parks
RE: M112018 1.1.
Services
We have reviewed the documentation and the property associated with the above noted
application and provide the following recommended conditions in the event the
application is approved
The proposed construction will have impact on a number of trees on or adjacent to the
subject property such that it will be necessary to remove trees to facilitate construction
of the proposed building. Furthermore, it may not be possible to replace all of the trees
on the subject properties that will be lost.
In view of the above the Committee may wish to consider imposing the following
conditions in the event that this application is approved,
That the owner is required to provide an Evaluation Report prepared by a
Certified Arborist or Professional Registered Forester outlining all aspects of the
impacts that this proposal will have on existing and remaining vegetation, The
report shall include a site plan showing the location of all trees and vegetation
that will be impacted and or preserved both on or adjacent to the site. The
report shall also include recommendations and an action plan on the mitigation
of negative effects to preserved vegetation ,during and post construction
periods as well as measures aimed at tree health care and protection for trees
effected by the project and any remaining trees in the vicinity of the project that
require applicable maintenance.
Should it be determined by the Arborist /Forester that trees and vegetation
warrants preservation and protection then the report shall include a schedule of
monitoring the ongoing site work through a series of scheduled site visits by the
Arborist / Forester during and post construction to ensure the vegetation
preservation measures remain in compliance throughout the project, each site
Visit to be documented and any resulting action items required by the Arborist
/Forester shall be implemented and confirmed on site forthwith by the Arborist
-2-
May 2, 2018 MV 2018-11
/Forester following each visit. The owner shall agree to provide copies of the
Arborist / Foresters site visit reports to the Town following each visit
• The owner shall agree to provide financial securities based on the total value of
the Tree Compensation evaluation and all Arboriculture works as defined by the
Town and the Owners Arborist/ Forester. To the satisfaction of the Director of
Parks and Recreation.
The owner will be required to provide vegetation compensation and a replanting
plan in accordance with the Town of Aurora TREE RFMOVAUPRUNING AND
COMPENSATION POLICY to the satisfaction of the Direction of Parks and
Recreation as compensation for trees removed to facilitate construction.
Compensation planting shall be completed prior to release of the financial
securities.
• The owner shall agree to comply with the Aurora Tree Permit By-law # 5850-16-
prior to the removal of any trees on the property.
All of the above shall be included as terms and conditions in a Letter of Undertaking
with the Town of Aurora to guarantee compliance with the Conditions of Approval
and all related site works
Sara Tienkamp, Manager of Parks
Rokos, Mart
From: McMackin, Joseph <Joseph.McMackin@york.ca>
Sent: May-02-18 3:55 PM
To: Rokos, Marty
Subject: MVAR.I8.A.0229 /. MV.201841 ( 330 McClellan Way)
Follow Up Flag: Follow up
Flag Status: Flagged
1.f; Many,
pThe Regional INIILHIicif� IIIL�, offork has compleied its r . ie�� (it the above Minor Variance Application and has
please feel fi-,:e to c€_ant act: Brae. II VOLT have any further gLICS60DI, C)t- c:trllC t�r1:,S.
Joseph McMackin, S.URPI I Associate Planner
Planning and Economic Development, Branch, Corporate Services Dept,
---------------------------------------------------------------------------------------------------------------------
The Regional Municipality of YoiN 17250 Yon.ge Street' Newmarket, ON L3Y 6Z1
0:-677-464-9675 ext. 71516 '. iose0h.mcmackir I�)_yerk-ga v+ w, �prk ca
Our Values: Integrity, , Corrrmttm6nt, Accountability, Respect, Excellence
Please cnnsi"fer the �--c- 3ionanernt 'before pr[rl tEt": v' this enna!I.
1
you're, ist, Good Gosasty
100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Phone: 905-727-3123 ext. 4350
Email: rnrokos@aurora.ca
www.aurora.ca
Town of Aurora
Planning and Development
COMMITTEE OF ADJUSTMENT STAFF REPORT
DATE: May 4, 2018
Services
FROM: Marty Rokos, Planner/Acting Secretary -Treasurer, Committee of Adjustment
RE: Minor Variance Application
Turner
70 Catherine Avenue
Plan 116, Part of Lot 14
File NO: MV-2018-12 A-C
PURPOSE OF APPLICATION MV-2018-12A
The Applicant is seeking relief from the provisions of Zoning By-law No. 6000-17, as
amended, to permit the construction of a 32.5m2 rear yard deck with a pergola. The
property is zoned "Special Mixed Density (117) Zone." Section 4.20 of the Zoning By-law
permits a maximum exterior side yard setback for a deck of 3m. The applicant is
proposing to construct a deck which has a 1.65m exterior side yard setback, thus requiring
a variance of 1.85m.
PURPOSE OF APPLICATION MV-2018-12B
The Applicant is seeking relief from the provisions of Zoning By-law No. 6000-17, as
amended, to permit the construction of a 32.5m2 rear yard deck with a pergola. Section
4.20 of the Zoning By-law permits a maximum encroachment for eaves of 0.7m. The
applicant is proposing to construct a deck with attached pergola which has an eaves
encroachment of 2.05m, thus requiring a variance of 1.35m.
PURPOSE OF APPLICATION MV-2018-12C
The Applicant is seeking relief from the provisions of Zoning By-law No. 6000-17, as
amended, to permit the construction of a 32.5m2 rear yard deck with a pergola. Section
4.20 of the Zoning By-law permits a maximum encroachment for steps of 2.Om into any
yard. The applicant is proposing to construct a deck with steps encroaching 4.35m into
the required exterior side yard, thus requiring a variance of 2.35m.
BASIC DATA PERTAINING TO THE MATTER
There appear to be no objections to the Application.
LEGISLATIVE FRAMEWORK FOR MINOR VARIANCE
In considering this Application, the Committee must have regard for the following criteria
and determine whether:
■ The general intent and purpose of the Town's Official Plan will be maintained;
■ The general intent and purpose of the Town's Zoning By-law will be maintained;
■ The Variance is desirable for the appropriate development or use of the land, building
or structure; and,
■ The proposed Variance is minor in nature.
- The applicant has submitted a letter with attached signatures from neighbours who
are in support of the requested variances (see letter and signatures attached
herein).
RECOMMENDATIONS
THAT the Committee determine its position with respect to the merits of the
APPLICATION in the content of the legislative framework and the comments contained
herein.
Prepared by: Marty Rokos, Acting Secretary -Treasurer, COA Ext. 4350
Marty Rokos, MCIP, RPP
Planner
Acting Secretary -Treasurer, Committee of Adjustment
Yva!re iw good GomgKny
100 Jahn West Way
Box 1000
Aurora, Ontario
LAG 6J1
Phone: 905-727-3123 Ext. 4349
Email; jhealey@aurora.ca
www.aurora.ca
TJf
►T11I♦ "O ►
DATE: May 10, 2018
Town of Aurora
Planning and Development Services
TO: Marty Rokos, Acting Secretary Treasurer
FROM: Jeff Healey, Planner/ Heritage Planning, Planning and Development
Services
RE: Application for Minor Variance
Turner
70 Catherine Avenue
Plan 116, Part of Lot 14
File No MV=20184 A-C
The applicant is requesting relief from the requirements of the Town of Aurora Zoning By-
law 6000-17 to permit the construction of a 32.5m2 rear yard deck with a pergola on the
subject lands. An existing wood deck is currently on the subject lands, this deck is in poor
condition and requires repair or replacement.
Application MV-2018-12A: Section 4.20 of the Zoning By-law requires a maximum
exterior side yard setback for a deck of 3.5 metres. The applicant is proposing to construct
a deck which has a 1.65 m setback, requiring a variance of 1.85 m.
Application MV-2018-12B: Section 4.20 of the Zoning By-law requires a maximum
encroachment for eaves of 0.7 metres. The applicant is proposing a rear yard deck with
an attached pergola with eaves encroaching 2.05 m, requiring a variance of 1.35 metres.
Application MV-2018-12C: Section 4.20 of the Zoning By-law requires a maximum
encroachment for steps of 2.0 m into any yard. The applicant is proposing to construct
steps 4.35 m into the required exterior side yard, requiring a variance of 2.35 m.
Planning staff have evaluated the minor variance application pursuant to the prescribed
tests set out in Section 45.1 of the Planning Act.
1) General Intent of the Official Plan
The subject lands are designated "Stable Neighbourhoods" by the Town of Aurora Official
Plan. The intent of the Stable Neighbourhoods designation is to ensure that the area is
protected from incompatible forms of development and, at the same time, be permitted to
evolve and be enhanced overtime. The subject lands are identified within the Northeast
Old Aurora Heritage Conservation District by Schedule "D" to the Official Plan. On April
19, 2018, the related Heritage Permit was approved by Staff on behalf of Council as per By-
May 10, 2018 -3- MV-2018-12A-C
Based on the aforementioned, Planning Staff are of the opinion that the proposed minor
variance application meets the four (4) prescribed tests set out in Section 45.1 of the
Planning Act and; therefore, have no objection to the approval of Minor Variance
Application MV-2018-12 A-C, (Turner).
K \Planning & Development ServiceslGOVlCouncilCommLStaffReports\COA\Variances12018 Reports\MV-2018-12A-C, (Turner), 70
Catherine Ave - JH - Deck Encroachment.docx
100 John West Way
Sax 1000 Toga of Aurora
C.4G fJlantarics
Phone: 905-727-3123 ext. 4378 Planning & Development Services
Aui%oizAEmail: shussain@aurora.ca Engineering & Capital Delivery Division
y {acdCJW,- y, www.aurora.ca
Date: May 1, 2018
To: Marty Rokos — Acting Secretary -Treasurer, Committee of Adjustment
From: Sabir Hussain, Municipal Engineer
Re: Application for Minor Variance (Susanna Turner)
70 Catherine Ave
We have no objection to the above noted variance application.
Sabir Hussain,
Municipal Engineer
Ext. 4378
KAPtannirig a Development 5arvicesTDMEngPin Dev\DesignDevRevieMVariances!9-018MMV-2018-12A-C 70 Catherine Ave - sh.doc
Rokos, Mart
From: McMackin, Joseph <Joseph.McMackin@york.ca>
Sent: May-02-18 3:50 PM
To: Rokos, Marty
Subject: MVAR.I8.A.0228 / MV 2018-12A-C;(70 Catherine Avenue)
Ffi marm
The .c,��i�:mat' Municipality € f York has completec-, its revic�v of the above Minor Variance .` . g licatit: n and has
tII fI( 'eci �,rre
111cas ;, fie] frec tt) coil act RIC i 1, you 'lIgIve LIny hII1-t11Or q ucstio is ter coriccrns.
Best.
Joseph McMackin, 13.URPt Associate Planner
Pianning and Economic Development Branch; Corporate Services Dept,
The Reg`€ana(Municipality of York i 7250 Y cnge Street ` Newmarket, ON ?3Y 6Z1
0.,-877-464-9 75 ext. 71516 € Lose�l� �crrs�ak €��y� el a 9.seusva°e� rk.ca
Our Values: l €tegrity Commitmom, Accountabifity, Respect, Excellence
April 16, 2018
Planning Department
Town of Aurora
John West Way
Re: 70 Catherine Avenue — Deck Permit & Minor Variance Application
Dear: Town Staff & Committee of Adjustment
We have applied for a Construction Permit and Minor Variance for the construction of a rear
deck to replace the existing damaged and aged old deck. The purpose of our minor variance
application is to request relief of the exterior side yard setback for the deck and pergola.
In support of this process, we have engaged the neighbours most directly affected by the deck's
location, and have shown them the proposed plans, sample construction pictures, and a copy of
our preliminary zoning review.
Their signatures on the following pages are a reflection of their support of this request and that
the new deck is in keeping with the character of the neighbourhood and will not negatively
affect the appeal or charm of our heritage community.
Thank you for your review of our application and your consideration of our variance request.
We hope the materials provided and the support of our neighbourhood provide the confidence
to support this request.
Sincerely,
The Turner Family
70 Catherin Avenue, Aurora
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